Mohammed Asarudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM 1.Mohammed Asarudeen 2.Lakshmanan ... Petitioners/Accused No.1 to 2 Vs The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.

Crime No.129 of 2019 ... Respondent/Complainant For Petitioner : M/s.N.Pragalathan, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 129 of 2019 on the file of the respondent ORDER : The Court Made the following order :- This petition has been filed by the petitioners/Accused No.1 and 2 seeking bail for the alleged offence punishable under Section 379 of IPC r/w Section 21(4) of Mines and Minerals (Development and Regulation)Act, 1957, in Crime No.129 of 2019. 2.Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent persons and they have been falsely implicated in the above case. He further submitted that the petitioners were arrested by the respondent police on 01.08.2019 and from that day onwards, they are in custody and hence, he prayed to grant bail to the petitioners.

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4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioners have illegally transported one unit of river sand by tractor and hence, he strongly opposed this petition. However he fairly conceded that no previous case is pending against the petitioners.

5.Taking into consideration of the fact that no previous case is pending against the petitioners and also the fact that the quantity of sand said to have been illegally transported is one unit and also the fact that the petitioners are in custody from 01.08.2019, this Court is inclined to grant bail to the petitioners by imposing conditions.

[a] the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District.

[b] the petitioners shall report before the Respondent Police, daily at 10.30 A.M for a period of One Month and thereafter, as and when required for the interrogation.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, R.S.MANGALAM, RAMANATHAPURAM DISTRICT.

4.THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.N.PRAGALATHAN Advocate SR.No.13122

ORDER

IN CRL OP(MD) No.11205 of 2019 Date :08/08/2019 vsg TK/VR/SAR.1/08.08.2019/3P/7C 3/3